A Debt Recovery Tribunal allowed the State Bank of India's application for recovery of a home loan principal, interest, and costs from two defendant borrowers, declaring the mortgaged property liable for sale.
Order to Defendants to pay Rs. 23,29,009.00 with interest at 8.90% p.a.; Injunction on alienating property; Recovery Certificate issued u/s 19(22).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CONTD. ORDER. SHEET
PAGE NO
CASE NO
| DATE | DESGRIPTION OFTHEORDER | REMARK |
|---|---|---|
| oA929123 27t07t25 |
JudgmentpronouncedintheOpenCourt-Camp at Raif,ur.CopyofJudgmentbeissuedtothePartiesas perrutes.iecordbe consignedto theRecordRoom' (Ram ate[) Presidingofficer DRT:JabatPur CampCourt:RaiPur |
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DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
cAttP couRT AT RATPUR(C.G.)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Originol Applicotion No,' 9291 23
State Bank of lndia, Stressed Assets Recovery Branch, Btock B-1, Pujari Chamber, Pachpedi Naka, Tikrapara, Raipur (C.G.)
..... AppLicant
Versus
(Both R/o Ward No.-26,
Behind Tarun Chhatergee House, Govind Nagar, Pandri, Raipur,C.G.492001; Atso at: P.V.-89, Vivek Nagar, P.O.Bande, District-Kanker, C.G. 494777 \ Defendants
Counset for the Appticant : Shri L.P.Yadav, Advocate
Defendants : Ex-parte
JUDGMENT
lDated: 22idJuty,2025)
1
oAe29l23
Defendants availed the credit facility but faited to liquidatethe outstanding dues despite issuance of Legal Notice on 12107/73by the ApplicantBank. The Applicant-Bank has relied upon the documents atEx. A-1 to A-10 which were proved by Shri Virendra Singh Tomar, Chief Manager.
ii) The Applicant Bank is entitted to seL[ the mortgaged as well as personal properties and assets of the Defendants for reatization of its dues. The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the claim of the Applicant Bank.
iii) A Recovery Certificate be issued uls 19(22) of Recovery of Debts and Bankruptcy Act. The applicant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this 22nd Day of Juty, 2025 dL Camp Court Raipur.
o'?' 2' (Ram iwas Patet) Presidine Officer
1 issue framed by the court
Whether the bank is entitled to recover the outstanding loan amount, interest, and costs from the joint borrowers.
2 provisions across 2 enactments
State Bank of India
Shri Mithun Sutar
Shri Anup Kumar Sutar
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
